How do you determine if something is an abnormally dangerous activity?

1. activity must create a foreseeable risk of serious harm even if reasonable care is exercised
2. the activity must not be a matter of common usage in the area where the def. conducts it

Does strict liability take into account safety precautions?

no, they are ignored

What are the four elements of strict liability for consumer products?

1. def must be a merchant
2. evidence that the product is defective
3. the product has not been altered since it left the def's hands
4. the pl must be making a forseeable use of the product at the time he is injured.

Who is a merchant for strict liability purposes?

1. commercial lessors
2. every merchant in the chain

Who is not a merchant for strict liability purposes?

1. casual sellers
2. service providers

What are the tow different types of product defects?

1. manufacturing defect
2. design defect

What is a manufacturing defect?

it differs from all the others that came off the same assembly line in a way that makes it more dangerous than consumers would expect.

What is a design defect?

if there exists a safer, practical, cost-effective way to build it.
Hypothtical alternative design

Is information part of product design?

yes, it is better to sell w/ a warning than w/o.

Are warnings sufficient for a physically defective product?

no, better to have the physically safer design.

When is the product assumed not to be altered?

when it moves in the ordinary channels of distro, it is assumed to not have been altered.
Does not apply to used goods.

What is a foreseeable use of the product?

bar exam trick - foreseeable use is not limited to the uses the manufacturer or merchant intended - missues may still be foreseeable.

What is the affirmative defense to strict liability?

comparative fault - any pl misconduct, or fault will lead to a damage reduction base on percentages.